The process of compulsory land acquisition

Compulsory acquisition process is stipulated in the Land Act 2012 and can be broken down into pre-inquiry stage, inquiry and payment stage.

Section 107-133) details the following steps to be followed when undertaking compulsory land acquisition. The elaborate process is as follows (Figure 1):

Step 1: Formal request to the Commission by Competent office indicating the purpose for which land is to be acquired. The request should prove that the land is needed for public purpose
Step 2: Consideration by the Commission and Approval i it meets the Constitutional and Statutory threshold (public purpose).

Step 3: Publication of Notice of Intention to acquire land is published in the Kenya Gazette. The Commission will undertake public sensitization and participation by holding meetings, workshops and any other appropriate fora to inform the public about the proposed project and matters pertaining to procedure, expectations and responsibilities of stakeholders in the land acquisition process.

Step 4: Ground inspections and valuation to record any improvements affected by the proposed project.

Step 5: Publication of Notice of Inquiry in Kenya Gazette, service of notice and holding of inquiry: This allows persons interested in the subject land to submit their claims.

Step 6: Issuance of an award of compensation to every person determined to have an interest in the land; Land Lord, Leaseholder (building) or Sublease Holder (Loss of profit).

Step 7: Payment upon receipt of funds.

Step 8: Issuance of Notice of Taking Possession

Step 9: Final Survey and vesting of the acquired land